Road Traffic Offenders Act 1988

54 Notices on-the-spot [F1 etc.]. E+W+S

(1) This section applies where [F2 in England and Wales] on any occasion a constable in uniform [F3 , or a vehicle examiner who produces his authority,] has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.

(2) Subject to [F4 the following provisions of this section] , the constable [F5 or vehicle examiner] may give him a fixed penalty notice in respect of the offence.

(3) Where the offence appears to the constable [F6 or vehicle examiner] to involve obligatory endorsement [F7 , and the person is the holder of a licence,], the constable [F6 or vehicle examiner] may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

(a) he produces his licence [F8 and its counterpart] for inspection by the constable [F6 or vehicle examiner],

(b) the constable [F6 or vehicle examiner] is satisfied, on inspecting the licence [F8 and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and

(c) he surrenders his licence [F8 and its counterpart] to the constable [F6 or vehicle examiner] to be retained and dealt with in accordance with this Part of this Act.

(4) Where—

(a) the offence appears to the constable [F9 or vehicle examiner] to involve obligatory endorsement,

[F10 (aa) the person concerned is the holder of a licence, and]

(b) [F11 he] does not produce his licence [F12 and its counterpart] for inspection by the constable [F9 or vehicle examiner],

the constable [F9 or vehicle examiner] may give him a notice stating that if [F13 he delivers] the notice together with his licence [F14 and its counterpart] in [F15 accordance with subsection (4A) below] and the requirements of subsection (5)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.

[F16 (4A) Delivery must—

(a) if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b) if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.]

(5) If a person to whom a notice has been given under subsection (4) above [F17 delivers] the notice together with his licence [F18 and its counterpart] in [F19 accordance with subsection (4A) above] and the following requirements are met, that is—

(a) the [F20 person to whom the notice under subsection (4) above is delivered] is satisfied, on inspecting the licence [F21 and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and

(b) F22 ... his licence [F23 and its counterpart] [F24 are delivered] to be retained and dealt with in accordance with this Part of this Act,

the [F20 person to whom the notice under subsection (4) above is delivered] must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates.

[F25 (5A) Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.

(5B) Subsection (5C) below applies where—

(a) the offence appears to the constable or vehicle examiner to involve obligatory endorsement,

(b) the person concerned is not the holder of a licence, and

(c) the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence.

(5C) Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—

(a) he delivers the notice in accordance with subsection (5D) below, and

(b) the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence,

he will then be given a fixed penalty notice in respect of the offence.

(5D) Delivery must—

(a) if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b) if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.

(5E) If a person to whom a notice has been given under subsection (5C) above delivers the notice in accordance with subsection (5D) above, and the person to whom it is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, that person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5C) relates.]

(6) A notice under subsection (4) [F26 or (5C)] above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

(7) A licence [F27 and a counterpart of a licence] surrendered [F28 or delivered] in accordance with this section must be sent to the fixed penalty clerk [F29 if the fixed penalty notice was given by a constable or authorised person].

F30 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this Part of this Act “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this section by or on behalf of the chief officer of police for the area in which the police station is situated [F31 or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police].

F32 [(10) In determining for the purposes of [F33 this section] whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.]

Textual Amendments

F1 Word in s. 54 heading substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(9); S.I. 2008/3164, art. 3(b)

F2 Words in s. 54(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 103(2); S.I. 1992/1286, art. 2, Sch.

F3 Words in s. 54(1) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(2); S.I. 2008/3164, art. 3(b)

F4 Words in s. 54(2) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(2); S.I. 2008/3164, art. 4(b)

F5 Words in s. 54(2) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(3); S.I. 2008/3164, art. 3(b)

F6 Words in s. 54(3) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(4); S.I. 2008/3164, art. 3(b)

F7 Words in s. 54(3) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(3); S.I. 2008/3164, art. 4(b)

F8 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(a)

F9 Words in s. 54(4) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(a); S.I. 2008/3164, art. 3(b)

F10 S. 54(4)(aa) substituted for word (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(4)(a); S.I. 2008/3164, art. 4(b)

F11 Word in s. 54(4)(b) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(4)(b); S.I. 2008/3164, art. 4(b)

F12 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(i)

F13 Words in s. 54(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(b); S.I. 2008/3164, art. 3(b)

F14 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(ii)

F15 Words in s. 54(4) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(5)(c); S.I. 2008/3164, art. 3(b)

F16 S. 54(4A) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(6); S.I. 2008/3164, art. 3(b)

F17 Word in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(a); S.I. 2008/3164, art. 3(b)

F18 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(i)

F19 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(b); S.I. 2008/3164, art. 3(b)

F20 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(c); S.I. 2008/3164, art. 3(b)

F21 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(ii)

F22 Words in s. 54(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(d), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F23 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(iii)

F24 Words in s. 54(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(7)(e); S.I. 2008/3164, art. 3(b)

F25 S. 54(5A)-(5E) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), ss. 9(4), 61(1)(8)(10) (with s. 61(3)); S.I. 2008/3164, art. 4(b)

F26 Words in s. 54(6) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(5); S.I. 2008/3164, art. 4(b)

F27 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(d)

F28 Words in s. 54(7) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(8)(a); S.I. 2008/3164, art. 3(b)

F29 Words in s. 54(7) inserted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 3(8)(b); S.I. 2008/3164, art. 3(b)

F30 S. 54(8) repealed (1.7.1992) by Road Traffic Act 1991 (c.40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch., Appendix

F31 Words in s. 54(9) inserted (1.10.2002) by 2002 c. 30, s. 76(2); S.I. 2002/2306, art. 2(d)(vii)

F32 S. 54(10) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 103(3); S.I. 1992/1286, art. 2, Sch.

F33 Words in s. 54(10) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 14(6); S.I. 2008/3164, art. 4(b)

Modifications etc. (not altering text)

C1 S. 54 extended (prosp.) by 2002 c. 30, ss. 41, 108(2)-(5), Sch. 5 para. 1(2)(a)

C2 S. 54 extended (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 para. 1(2)(b); S.I. 2002/2750, art. 2(a)(ii)(a)